Working Moms and Dads with Child Custody: A Growing Trend
In a recent case before the Michigan Court of Appeals, a father was given primary custody of his children - even though the mother had been the primary caregiver since their birth. In Williams v Williams, the court upheld a lower court ruling which recognized the father as more involved and better suited to care for the couple’s two young children.
While the Michigan court’s ruling was very much based on the case and its unique set of facts and circumstances - it also fits into a larger picture. Of late, fathers who seek custody often get it. It’s a topic that’s been getting a lot of coverage lately.
While there are surely many reasons beyond this shift, two stand out.
The Changing Roles and Expectations of Men and Women
For many years, women have been assumed to be the more nurturing parent - the one who changed diapers, packed lunches and scheduled clinic appointments. This reflects an old model of thought, looking at men as the breadwinners and women as the caregivers. Fathers are now more often expected to take an active childcare role, and this is being recognized by the court.
As women increasingly assume prominent roles in the professional world, men become more likely to assist with the care and upbringing of children. As a matter of practicality, two working parents are often required to share these responsibilities more evenly.
The Increase of Working Moms and Stay-at-home Dads
As a recent article in Working Mothers highlighted, not only are there more females in the workforce - there are more women in the role of primary breadwinner. The current economic situation has only amplified this trend. Men have lost nearly 75 percent of the 6.4 million jobs eliminated since the recession began. Since men have been hit harder, many have more time to stay home and take care of the kids.
As couples file for the divorce, the court is looking more closely at this. It is estimated that about 50 percent of fathers who seek custody in a divorce trial are granted it.
While some see this as unfair punishment meted out to women seeking to further their careers, others see it as a simple reversal of the norm. For years, women - many of whom were more active in child rearing - were given preference in child custody trials.
Given the breakdown in traditional gender roles and stereotypes, as well as the increase in working mothers, this shift seems natural. For now, regardless of motivating factors, fathers seem to be getting more of a break in the courtroom.
Article provided by Schwartz Law Firm, P.C.
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